How Do I Know If My Employer Is Covered By Workers' Compensation?

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How Do I Know If My Employer Is Covered By Workers' Compensation?

Virginia employers with three or more full or parttime employees are subject to the Workers` Compensation Act. There are certain restrictions to this rule where some employees may be employers may be exempt. Almost everyone working for another under a contract of hire or in an apprenticeship is considered an employee.

Sole proprietors and partners are considered owners of businesses and are not covered by workers` compensation. However, sole proprietors and partners may elect to obtain coverage for workers` compensation liability by purchasing insurance.

Members of a limited liability company (LLC) are considered to be owners of a company and are not covered by workers` compensation unless specifically covered by an insurance policy or either elected or appointed as a manager. The manager of an LLC is treated as a corporate officer under the Act.

A corporation`s officers may choose to reject workers` compensation coverage for accidents, but not for occupational diseases. To do so, officers must file a Notice of Rejection with the insurer and with the Commission. If the officers are paid regularly, they are nevertheless counted as employees to determine jurisdiction under the Act.

Other Virginia Workers' Compensation FAQs

Q: How Long After An Injury Do I Have To Report It To My Employer?
A: Under any circumstances you should notify your employer of any work related injury as soon as possible. Any delay may result in a loss of workers` compensation … More
Q: What Workers' Compensation Benefits Am I Entitled To?
A: You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent … More
Q: If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?
A: In Virginia, you can choose the doctor of your choice but it must be selected from a panel of three provided by the employer or insurance carrier. You may not change … More
Q: When Will My Benefits Begin And How Much Will They Be?
A: While temporarily unable to perform any work, an employee is entitled to 2/3 their gross average weekly wage up to a set maximum weekly limit. There must be seven days … More
Q: If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?
A: If your employer offers you some type of employment, you should accept it. Failure to accept employment within your medical restrictions may result in a loss of … More
Q: My Employer Has Denied My Claim, What Do I Do?
A: If you are denied benefits talk with your employer`s insurance carrier or your employer to find out why your claim is denied. Sharing information or obtaining medical … More